Cases about labor contracts The master helped me answer it, thank you. I wish you all the best in yo

Case 1: 1) According to the law, accidental injuries such as traffic accidents encountered on the way to and from work are classified as work-related injuries. However, in practice, there will be problems of cross-examination.

Li must be able to prove that he is on his way to and from work, that is to say, he needs to prove the following points: 1. This is the only way to get to and from work; Second, Li was in the factory just after work and went home directly without staying for personal matters; 3. Overtime hours required by the company rather than voluntary or private shifts. As a result, Li's accident compensation will encounter situations such as the unit denying it or being forced to mediate if it is unable to obtain evidence.

In addition, it is also necessary to go to the work-related injury identification department to conduct an injury examination and verification work. Also, whether Li has signed a labor contract, and there is no delay or failure to pay work-related injury insurance.

2) This is generally not possible to claim compensation, because the work-related injury insurance compensation is only responsible for the loss of medical expenses, hospitalization expenses and other losses caused by the work-related injury, and does not include general property losses. Of course, if Li can provide that the damage to the manhole cover was intentionally caused by the unit or the unit has the obligation to repair and remind but fails to perform, resulting in direct or indirect damage to Li's finances, he can sue for compensation in a separate case.

Case 2: 1) The decision of the enterprise is improper, firstly, when signing the labor contract, the position and treatment of the employee are agreed. The specific work content is also consistent with the signed position.

In addition, even if the enterprise really changes production, his industrial and commercial registration will be changed, and after the change of enterprise legal person, the contract needs to be re-agreed, and the employee has the right to request a change or claim for economic compensation. The company can communicate with the employee first, and if the other party does not agree, it can only terminate the contract, and cannot forcibly transfer the employee.

2) If the contract is terminated due to unexpected circumstances, the enterprise shall be responsible accordingly. However, it also depends on what these 20 employees sue the company, if the legal person is wrong, or the applicable law is wrong, the lawsuit will be withdrawn.

Case 3: 1) From the perspective of legal agreement, Jin should be liable for compensation. Because in the case, Jin had a clear contract agreement with Factory A.

In addition, the Labor Contract Law stipulates that employees who leave their jobs before the expiration date shall not be liable for breach of contract fees, but do not include the training fees of the enterprise for employees. The company rejected Jin's resignation application for legitimate reasons, so Jin's voluntary resignation can be regarded as Jin's voluntary termination of the contract and the termination of the contract between the two parties. Jin does not enjoy any economic compensation, and is required to compensate for the direct or indirect economic losses caused to the departing enterprise, including training fees and some economic losses caused by the failure to complete the handover in time.

2) Whether Factory B can act as a co-defendant mainly depends on whether Factory B knows or should know the consequences caused by Jin's forced resignation. If they knew or should have known, they should be joint defendants and be jointly and severally liable for compensation. Therefore, enterprises are also reminded to carefully consider the talents they introduce to avoid unwarranted waste of recruitment costs.

Time is relatively tight, a brief analysis, I hope you will speak enthusiastically, more support, thank you. If you have a good case, you can leave me a message or add me as a friend.

It's all common-sense questions, so read the book well.

1. The employer's termination of the contract with Mr. He is illegal.

Reason: Article 40 of the Labor Contract Law Under any of the following circumstances, the employer may terminate the labor contract after notifying the employee in writing 30 days in advance or paying the employee an additional month's salary:

2) The worker is incompetent for the job, and is still incompetent for the job after training or job adjustment;

After training or adjusting the position of He X in accordance with the law, if he is still incompetent for the job, he can be dismissed.

2. Whether the employer's termination of the contract with Liu is illegal or not, the key lies in whether the rules and regulations of the employer regarding the employment conditions include alcoholism and fighting and other reasons in the termination of the labor contract, and whether it has been publicized, and if it meets the provisions of Article 4, it is not illegal.

Reason: Article 4 of the Labor Contract Law.

The employer shall publicize or inform the employee of the rules and regulations and decisions on major matters that directly affect the vital interests of the employee.

Article 39 of the Labor Contract Law.

The employer may terminate the labor contract if the employee falls under any of the following circumstances:

1) During the probationary period, it is proved that they do not meet the employment requirements;

2) Seriously violating the rules and regulations of the employer;

3. Processing: If the worker is not satisfied, he or she may apply to the labor arbitration commission where the enterprise is located for arbitration, and submit evidence of the establishment of labor relations between the two parties, such as labor contracts, etc.

If there are clauses in the concluded contract that violate labor law, these clauses are null and void and do not affect other legal clauses. Illegal terms and circumstances include:

1.Gender discrimination, reluctance to recruit female teachers, and with the exception of a few special positions, both men and women should enjoy the same labor rights.

2.The clause in the employment contract that the termination of the employment contract is invalid if she becomes pregnant.

3.If the school does not provide evidence that the employee agrees to the adjustment, the adjustment is also invalid, and it needs to be adjusted to the original position, and 40% of the salary reduced during the period will be repaid.

4.If the school illegally terminates the labor contract, the compensation payable to the employee for the illegal termination of the labor contract should be up to three months' salary, depending on whether she has been employed for a little more than two years or more than two and a half years.

In summary, the labor contract entered into by the school violates the labor law, and the arbitration will not support it, and the school should pay back the wages during the period of pregnancy and subsequent transfer, and request to return to the original position, and if the coordination is invalid, the school insists on terminating the labor contract, and should also compensate for 3 months' salary.

1. A contract must be signed for entry, agreeing on a fixed period, and the probation period exceeds the time prescribed by law, 2. The way the unit collects the deposit is illegal.

3. Party A shall not deduct the standard salary.

4. The statutory number of working days is days, and overtime pay shall be paid beyond the statutory time, and if the number of working days is insufficient due to non-Party B, Party B's basic salary shall not be lower than the minimum wage standard.

5. If you are sick or injured and cannot engage in your original job, you can change your guard. The employer shall not terminate the contract on this basis.

6. Work-related injuries are approved and determined by the relevant departments, not the unit.

7. Party A's provisions violate the provisions of the Marriage Law, and the relevant binding clauses violate the provisions of the Labor Contract Law, which is illegal.

8. Formal employees leave the company 30 days in advance in writing, and do not need to bear the relevant compensation.

9. Party B can put forward it within the specified time, without the consent of the unit. If the unit is terminated, it shall be liable for compensation.

The answer comes from: Chen Zhuo, head of the litigation and arbitration team of Shandong Island City Law Firm.

According to Article 26 of the Labor Contract Law, an employment contract that is invalid or partially invalid if the other party concludes or modifies an employment contract contrary to its true intention by means of fraud, coercion or taking advantage of the danger of another party. Mr. Li used fake academic certificates to deceive the company's trust, and the two parties signed an invalid labor contract. Accordingly, the above-mentioned company has the right to revoke the labor contract, and Mr. Li not only has no right to claim severance and payment in lieu of notice that can only be obtained by terminating the contract, but also has the right to claim compensation if Mr. Li causes direct economic losses to the company.

In this case, because Li had falsified his academic qualifications and had violated the recruitment contract, the unit could terminate the contract at any time after discovering it.

1. There is a de facto labor relationship, and the employer manages and pays Zhang's attendance; It is a part-time employee, who works 4 hours a day at the newspaper office every afternoon, five days a week.

Rationale:

Labor Contract Law

Article 15 A labor contract with a term of completion of a certain task refers to a labor contract in which the employer and the employee agree that the completion of a certain work is the term of the contract.

2. Whether Zhang's request can be supported depends on whether the major mistakes occur and whether the circumstances of serious violations of the unit's rules and regulations are reached. If it is reached, it will not be supported, and if it is not, it will be supported.

Rationale:

Labor Contract Law

Article 39 The employer may terminate the labor contract if the worker falls under any of the following circumstances:

3. The employer has the right to terminate the labor contract; If Li is pregnant, the employer can still terminate the labor contract; The employer may require Mr. Li to bear the corresponding losses.

Rationale:

Labor Contract Law

Article 26 The following labor contracts are invalid or partially invalid:

(1) Using fraud, coercion or taking advantage of the danger of others to cause the other party to conclude or modify a labor contract contrary to its true intentions;

Article 39 The employer may terminate the labor contract if the worker falls under any of the following circumstances:

5) The labor contract is invalid due to the circumstances specified in Item 1, Paragraph 1 of Article 26 of this Law;

Article 86 Where a labor contract is confirmed to be invalid in accordance with the provisions of Article 26 of this Law and causes damage to the other party, the party at fault shall be liable for compensation.

4. The labor contract between Huang and the original enterprise has not been terminated; The joint venture should be jointly and severally liable in this case.

Rationale:

Labor Contract Law

Article 37 A worker may terminate a labor contract by notifying the employer in writing 30 days in advance. The employee may terminate the labor contract by notifying the employer three days in advance during the probationary period.

Article 91 Where an employer recruits a worker whose labor contract has not been dissolved or terminated by another employer, and causes losses to the other employer, it shall be jointly and severally liable for compensation.

Questions 5-8 belong to the discussion and brief description, which is beyond the scope of case analysis, and will not be answered here, please ask another question!

(1) Is there an employment relationship between Zhang and a newspaper? Why? If it is an employment relationship, is it a full-time or part-time employment relationship? Why? (2) Can Zhang's arbitration claim be upheld? Why?

There is an employment relationship. Because the newspaper paid Zhang's salary, the law did not stipulate full-time or half-day work, only temporary workers and regular workers.

Zhang's request could be upheld because Zhang had an employment relationship with the newspaper.

1) Does the company have the right to terminate Mr. Li's labor contract? Why? (2) If Li is pregnant at this time, does the company still have the right to terminate the contract? On what basis? (3) Does the company have the right to require Li to bear the corresponding losses? 

The company has the right to terminate the contract. Because Li's deception was illegal.

Li's pregnancy does not affect the termination of the contract, and the reasons are as above.

The company may require Mr. Li to bear the corresponding losses.

Has Huang's labor contract with the original enterprise been terminated? 2.Is the joint venture liable in this case?

5. Discuss the termination of labor contracts.

6. Briefly describe the differences between labor contracts and labor contracts, labor contracts and employment contracts.

7. Discuss the content of the labor contract.

8. Briefly describe the general principles of wage payment.

1. If there is no termination, the termination of the contract must be in writing.

If it is to dig talents, take responsibility, if not, there is no need.

For the termination of the employment contract, please refer to the relevant provisions of the Labor Law.

The difference between an employment contract and a labor contract is dispatch and non-dispatch, and the difference between an employment contract is the length of time and the type of work.

The content of the employment contract is the relationship between the rights and obligations of both parties and the resolution of disputes.

The principle of wage payment is generally based on more work, less work, and no work.

【Case】Xiao Lito's relatives finally entered a company with a friend, but they did not sign a contract at that time, and the work they did after entering was very miscellaneous, the job position was not fixed, and the salary they received every month was not the same. A year later, he negotiated and signed a labor contract with the company many times, trying to fix the job, content, salary and other aspects, but the company always excused himself with various reasons such as "what we need is a person who can do chores", "the company's benefits are not fixed, the salary cannot be fixed", "if you don't want to do it, you will find another job" and other reasons. As a result, he worked for more than a year and the contract was not signed.

Later, the company changed bosses, and he was fired as soon as he took office.

Analysis] The Labor Law stipulates that a labor contract shall be concluded to establish a labor relationship, but does not stipulate a guarantee clause for legal liability. To this end, Article 82 of the Labor Contract Law stipulates that if an employer fails to conclude a written labor contract with an employee for more than one month but less than one year from the date of employment, it shall pay the employee twice the monthly wage.

If the employer does not conclude a written labor contract with the employee within one year from the date of employment, it shall be deemed that the employer and the employee have entered into an indefinite labor contract. Therefore, according to the provisions of the Employment Contract Law, Xiao Li's request was lawful and reasonable, and the company's dismissal of him was unlawful, because the company had actually entered into an indefinite employment contract with him.

1 Can be lifted.

2. Severance should be paid according to the number of years of service, and if you do not notify me 30 days in advance, you will also be paid one month's salary as notice in lieu of notice.